Body corporate solar panel rules QLD

Fast Read

Thinking of installing solar panels on your home in a Queensland strata scheme? The good news is, it's very possible. The key thing to know about body corporate solar panel rules QLD is that a body corporate cannot unreasonably refuse your request. However, you must follow a specific approval process, which usually involves getting their permission to install panels on common property, like the shared rooftop.

Hi, I’m Gigi, and I’m here to make home energy simple. One of the most common questions I get is from people living in townhouses or apartments who want to slash their power bills with solar. They often feel stuck, thinking that being part of a body corporate means solar panels are off the table.

For a long time, that was a real challenge. But thankfully, the rules in Queensland have changed to make it much easier for homeowners like us. Let’s walk through exactly what you need to know.

First, what is a body corporate?

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Before we dive into the rules, let’s quickly clear up some jargon. A body corporate (also known as an owners’ corporation or in a strata scheme) is the legal entity made up of all the owners in a community titles scheme. If you own a unit, apartment, or townhouse, you’re automatically a member.

The body corporate is responsible for managing and maintaining the common property—think shared driveways, stairwells, swimming pools, and, most importantly for solar, the roof. This is why you need to engage with them; the roof is usually not yours alone.

Understanding the key body corporate solar panel rules QLD

Here’s the most important thing to know: thanks to Queensland legislation, often called the ‘ban the banners’ provisions, a body corporate cannot prohibit you from installing solar panels just because they don’t like the look of them. This was a huge step forward, ensuring aesthetic preference doesn’t block homeowners from accessing renewable energy.

However, a body corporate can refuse your request, but only on very specific and reasonable grounds. These include:

  • Structural integrity: If a professional report shows the installation would damage the building or is structurally unsafe.
  • Insufficient space: If there isn’t enough room on the roof for every lot owner to install a system of a similar size in the future. This ensures fairness for all residents.
  • Noise (for solar hot water): If the piping for a solar hot water system would cause an unreasonable noise disturbance.

So, while you have a right to solar, the body corporate has a right to ensure it’s done safely and fairly.

Queensland body corporate solar panel by-laws explained

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Every strata scheme has a set of by-laws, which are the rules for living in that community. Your scheme’s by-laws might have specific clauses about making changes to the external appearance of the building or carrying out works on common property.

You must follow these by-laws, but the ‘ban the banners’ legislation overrides any by-law that outright prohibits solar panels. A body corporate can, however, set reasonable conditions through its by-laws. For instance, they might specify requirements for:

  • Who is responsible for maintenance of the panels and the roof area underneath.
  • What happens if the panels need to be temporarily removed for roof repairs.
  • Ensuring the installation is carried out by a licensed and insured, SAA-accredited professional.

It’s a great idea to get a copy of your scheme’s by-laws from your body corporate manager early in the process so you know what rules you need to follow.

The exclusive use by-law solar panels QLD process

Because the roof is common property, you can’t just claim a patch of it for yourself. To formalise your right to use a specific part of the roof for your solar panels, you will likely need the body corporate to grant you exclusive use.

This is done by creating a new ‘exclusive use by-law’. This by-law essentially gives you, the owner of a specific lot, the sole right to use a defined area of the common property roof. It’s a crucial step because it provides legal clarity on your rights and responsibilities for that space.

Passing an exclusive use by-law is a significant decision for a body corporate and typically requires a “resolution without dissent”. This is a high bar to clear, meaning the motion passes only if there are no ‘no’ votes cast against it.

A step-by-step guide to installing solar panels in a QLD strata scheme

Navigating the process can feel daunting, but it’s manageable if you take it one step at a time. Here’s a clear path forward for owners.

  • Step 1: Do your homework. Before you even approach the committee, get a few quotes from reputable, Solar Accreditation Australia (SAA) accredited installers. They can provide a preliminary assessment of your roof space and an idea of the system size you could install.
  • Step 2: Make an informal approach. Have a chat with your body corporate committee or manager. Show them your initial plans and quotes. This helps gauge their initial reaction and identify any potential concerns early on.
  • Step 3: Submit a formal application. You’ll need to submit a formal motion to the body corporate. This is a written request that will be voted on by all the owners. Your application should be as detailed as possible and include:
  • The installer’s credentials (SAA accreditation, licenses, and insurance).
  • A diagram showing the proposed location and layout of the panels.
  • Product specifications for the panels and inverter.
  • Details of how the cabling will be run.
  • A commitment to be responsible for all costs, including installation, maintenance, and any future removal/reinstallation for roof repairs.
  • Confirmation that you will cover any increase in the body corporate’s insurance premium resulting from the installation.
  • Step 4: The vote. The approval process depends on the cost of the installation, as it’s considered an “improvement to common property for the benefit of a lot”. If the total cost is less than $3,000, the committee may be able to approve it on their own. If the cost is more than $3,000, it must be approved by an ordinary resolution at a general meeting of all owners.
  • Step 5: Gaining exclusive use. If your scheme requires it, a separate motion to create an exclusive use by-law will also need to be passed by a resolution without dissent.
  • Step 6: Installation. Once you have written approval, you can schedule the installation with your SAA-accredited professional. Ensure they have a copy of the approval and abide by any conditions set by the body corporate.

I know this sounds like a lot of steps, but taking the time to prepare a thorough, professional application makes it much harder for a body corporate to find a reasonable reason to say no.

If you hit a roadblock and believe your request has been unreasonably refused, you can seek dispute resolution through the Office of the Commissioner for Body Corporate and Community Management.

Ready to start exploring your solar options? For a quick, personalised estimate of costs and savings for your home, you can try the free solar assistant on this page. If you’re ready for a proper quote, I can introduce you to a trusted, SAA-accredited local expert—just fill out the form below.

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